When a child suffers a serious injury during birth, families are often left wondering: “Could this have been prevented?” If a doctor, nurse, or hospital failed to provide proper care, and that failure led to harm, you may be able to file a birth injury claim based on medical negligence.
At Campbell & Associates, we work with families throughout Buffalo and Western New York to pursue justice when potential medical errors lead to devastating outcomes. Here’s what you need to know about how medical negligence is reviewed in a birth injury case—and what matters most.
What Is Medical Negligence?
Medical negligence occurs when a healthcare provider fails to meet the accepted standard of care, resulting in harm to a patient. In birth injury cases, this means something went wrong during labor, delivery, or immediate postnatal care that should not have happened under competent medical care.
Examples may include:
- Delayed C-section despite signs of fetal distress
- Improper use of forceps or vacuum extractors
- Failure to monitor oxygen levels or vital signs
- Mismanagement of maternal conditions like preeclampsia
- Lack of response to umbilical cord prolapse or shoulder dystocia
The Four Elements
In any birth injury malpractice case, there are four key legal elements:
- Duty of Care
The medical provider had a professional obligation to care for you and your child. - Breach of Duty
The provider’s actions (or failure to act) fell below the accepted medical standard. - Causation
The breach of duty directly caused your child’s injury. - Damages
The injury resulted in measurable harm—such as medical expenses, permanent disability, or emotional suffering.
At Campbell & Associates, we build every case on careful investigation and collaboration with medical professionals. Our process includes:
- Reviewing all medical records from pregnancy, labor, and delivery
- Consulting independent specialists (obstetricians, neonatologists, nurses)
- Examining delivery protocols and timelines
- Analyzing fetal monitoring data
- Evaluating whether risks were properly communicated to parents
We aim to connect each failure to act—or improper action—with the injury your child suffered. This step-by-step approach is crucial to building a case that insurance companies, hospitals, and courts will take seriously.
What If the Hospital Denies Responsibility?
Hospitals and doctors rarely admit fault, especially in birth injury cases. But that doesn’t mean you don’t have a case. In fact, denial is common—and that’s why having a knowledgeable legal team is essential.
We handle all communication with medical providers and their attorneys, pushing for accountability through documented evidence and expert-backed analysis. If they refuse to settle fairly, we are fully prepared to take your case to trial.
Why Time Matters
New York’s statute of limitations for medical malpractice is 2.5 years, but different rules apply when the victim is a child. Still, evidence can disappear quickly—so starting the investigation early gives your case the strongest foundation.
We’re Here to Protect Your Family’s Future
Investigating medical negligence in a birth injury case is a complex process—but you don’t have to do it alone. At Campbell & Associates, we bring a thorough, compassionate approach to every case we handle.
Call us at 716-992-2222 or reach out online to schedule your free consultation today.
Let us help you take the first step toward accountability and support your child deserves.
